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Showing contexts for: PESA in Standing Conference Of Public ... vs Government Of Nct Of Delhi And Anr. on 10 November, 2006Matching Fragments
1. By this writ petition, the petitioner has challenged the validity of award dated 20.1.2004 passed by Industrial Tribunal I, directing the payment of 50% back wages to the petitioner from 15.2.1988 till 30th September, 2001 i.e. date of reference and 100% wages from 1.10.2001 till July, 2002.
2. Briefly, the facts are that the respondent was employed as a foreman by the Public Enterprises Services Association( in short 'the PESA') on 16th July, 1985. His initial appointment was for a period of three months on ad hoc basis. PESA was a body created for monitoring, construction and completion of twin towers project of an office complex, sought to be constructed for housing various public sector undertakings under one roof for effective coordination between various public sector undertakings. PESA was a baby of the petitioner itself and created with the object of construction of twin towers in Laxmi Nagar. A lot of irregularities were detected in the working of PESA by CBI and on recommendation of the government, PESA was dissolved on 3.7.1987 and its assets and liabilities were transferred to the petitioner. The petitioner assigned the work of construction to other agencies. The respondent was employed by PESA as foreman for the construction work. After dissolution of PESA, all employees of PESA were tried to be adjusted, but all those who could not be adjusted, were retrenched by payment of retrenchment compensation. In all, 39 employees were retrenched. Respondent No.2 was one of them. The respondent NO.2 was given following letter at the time of retrenchment:
v. As per terms of reference.
5. The Tribunal recorded evidence of the parties. From the evidence, the admitted position appears that the respondent No.2 was the only foreman with PESA. There was no person junior to him and no person senior to him; (ii) at the time of termination, a draft of Rs. 3098/- was given to him which included one month's salary in lieu of notice and compensation @ 15 days' basis for every accumulated days of service;(iii) the petitioner had not undertaken any construction activity despite merger of PSEA nor the petitioner was in the job of making buildings; (iv) the respondent No.2 was working as a foreman with PESA, taken over by the petitioner.